Scottish Executive

Central Heating Programme

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many pensioners have (a) had a central heating system installed under its Central Heating Installation Programme, (b) qualified for a central heating system under the programme and are awaiting its installation and (c) been refused a central heating system under the programme because they already have a system or have an obsolete system, and what plans it has to alter the programme criteria so that pensioners who have systems that are too expensive to use, or are obsolete, can qualify.

Mrs Mary Mulligan: There are three parts to the Scottish Executive Central Heating Installation Programme. The programme for the over 60s who own their own homes or rent in the private sector which is managed by Eaga, the local authority programme which is managed by individual local authorities and the housing association programme which is managed by Communities Scotland.

  Ten thousand, three hundred and twenty-one households where the householder or their spouse was over 60 had received central heating under the programme managed by Eaga by 31 May 2003. The local authority and housing association programmes are not restricted to the elderly and separate information on the number of elderly people to benefit is not collected.

  Four thousand, nine hundred and twenty-four owner-occupier or private rental households where the householder or their spouse is over 60 have been assessed as eligible for the Central Heating Installation Programme and are now waiting for installation.

  Local authorities and housing associations carry out installation works in their role as landlords.

  The programme is kept under review to ensure that it continues to deliver benefits to elderly people and address fuel poverty. In September 2002 the Scottish Executive announced that the programme would be extended from April 2004 to offer 4,000 very elderly households with partial or poorly functioning central heating either an upgrade or a new system as appropriate and regulations to allow this will be introduced later this year.

Digital Technology

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-477 by Mr Jim Wallace on 12 June 2003, whether a response from Analysys will be received before the 2003 summer recess.

Mr Jim Wallace: An Executive summary of the Analysys report is available in the Parliament's Reference Centre (Bib. number 27702).

Education

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive how many school and pre-school children there are (a) for whom English is an additional language, (b) who are refugees and asylum seekers, (c) with social, emotional and behavioural difficulties, (d) from gypsy or traveller families and (e) who are gifted or more able, as referred to in Improving our Schools: Assessing our children's educational needs: The Way Forward?: Scottish Executive Response to the Consultation .

Peter Peacock: The information requested on those for whom English is an additional language or who are gifted or more able is not collected centrally. For categories (b) and (c) above, the information is not collected at all on pre-school children and is unavailable on school children until the results of the September 2002 School Census are published in August 2003.

  Once the September 2002 School Census results become available, information will be available on the number of pupils with Records of Needs and/or Individualised Educational Programmes whose main difficulty in learning was Social, Emotional and Behavioural Difficulties (SEBD). It will also provide information on how many pupils were recorded as being asylum seekers or refugees.

  Some provisional results on the ethnic background of primary and secondary pupils, as reported in the September 2002 School Census, were published by the Scottish Executive on 24 March 2003. We can report that there were 301 pupils recorded as being from an "Occupational/Gypsy/Other Traveller" ethnic background in publicly funded primary schools (excluding the self-governing school), and 61 pupils with the same background in publicly funded secondary schools.

  The September 2001 School Census provided results on those whose main difficulty in learning arose from SEBD for all pupils based in special schools, but only for pupils based in primary and secondary schools who had Records of Needs. This information can be found in the September 2001 Statistical Bulletin at http://.scotland.gov.uk/stats/bulletins/00168-00.asp, a copy of which is available from the Parliament's Reference Centre (Bib. number 22064).

Education (Additional Support for Learning) (Scotland) Bill

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive whether the draft Education (Additional Support for Learning) (Scotland) Bill will widen the criteria applied to children who require extra support, including children (a) for whom English is an additional language, (b) who are refugees and asylum seekers, (c) with social, emotional and behavioural difficulties, (d) from gypsy or traveller families and (e) who are gifted, or more able, as referred to in Improving our Schools: Assessing our children's educational needs: The Way Forward?: Scottish Executive Response to the Consultation .

Peter Peacock: The draft Education (Additional Support for Learning) (Scotland) Bill was published on 17 January 2003. A commitment has been given to introduce the draft bill to Parliament during the 2003-04 session. The draft bill moves away from the traditional concept of "special educational needs" to the wider concept of "additional support needs" which is defined as all children or young people who, for whatever reason, would be unable to benefit from school education without the provision of additional support.

  The degree to which an individual is faced with barriers to learning will determine whether additional support is required

Fisheries

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive how it will enforce fish farming area management agreement rules governing the synchronisation of fallowing.

Allan Wilson: Area Management Agreements (AMAs) are voluntary agreements delivered through close collaboration between industry and wild fisheries interests.

  Several AMAs have achieved synchronised production and fallowing. In other areas, however, synchronisation is proving more difficult to attain, for practical or technical reasons.

  The Scottish Executive-chaired Tripartite Working Group is therefore investigating ways of assisting synchronicity for some of the smaller companies, whose sites all lie within the same sea loch, and is to review the position in very large management areas, where synchronisation has thus far proved impractical.

Justice

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what action it will take to ensure that drivers who obstruct access to bus stops are prosecuted.

Colin Boyd QC: In terms of regulation 29, and part 1 of schedule 19, of the Traffic Signs Regulations and General Directions 2003/3113 and section 36 of the Road Traffic Act 1988 it is an offence for any person driving a vehicle to stop within a bus stop clearway, i.e. a bus stop at certain times as may be specified. As this is an offence under section 36 of the Road Traffic Act 1988, the police may issue any offender with a conditional offer of a fixed penalty for the offence in terms of section 75 of the Road Traffic Offenders Act 1988. If the fixed penalty is not accepted, the case may then be reported to the Procurator Fiscal.

  As with all crimes reported to the Procurator Fiscal, a prosecution will be commenced where there is sufficient reliable and credible evidence, and where it is in the public interest to do so. In addition to the usual options available to the Procurator Fiscal, section 75 of the Road Traffic Offenders Act 1988 also gives the fiscal the power to issue a conditional offer of a fixed penalty for this offence. If any fixed penalty is unpaid, then the offender will generally be prosecuted in the district court.

Justice

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive what processes are used to select senior judges, sheriff principals and sheriff substitutes; who makes the final decision on recommending such appointments; who makes the final appointments, and whether it has any plans to alter the present selection and appointment system.

Cathy Jamieson: Since May 2002 it has been for the independent Judicial Appointments Board to make recommendations to the First Minister for the appointment of judges, sheriffs principal and sheriffs. Under section 95 of the Scotland 1998, it is then for the First Minister to make the final recommendations to the Queen. The sole exceptions to this are the appointments of the Lord President of the Court of Session and the Lord Justice Clerk, the two most senior judicial posts in Scotland. In their case it is the Prime Minister who makes recommendations to the Queen but he may not recommend anyone who has not been nominated by the First Minister for such appointment. There are no plans to change the present system which we consider is working well.

Licensing

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive on how many occasions in the last year for which figures are available the police recommended to licensing boards that a licence for a bar or off-licence should be terminated or not renewed because of the way the establishment operated and on how many of these occasions the board terminated or did not renew the licence.

Cathy Jamieson: The information requested is not held centrally.

Nuclear Power

David Mundell (South of Scotland) (Con): To ask the Scottish Executive, further to the answer to question S2W-699 by Ross Finnie on 17 June 2003, whether it will support locating offices in Scotland of the Nuclear Decommissioning Authority and, if so, in what locations.

Ross Finnie: Location of any offices in Scotland will be a matter for the Nuclear Decommissioning Authority to determine once it has been established.

Public Sector Staff

Mr Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive when it will publish a strategy for the dispersal of public sector jobs.

Tavish Scott: The Executive is committed to the dispersal of public sector jobs. When relocation is being considered, no parts of the country are targeted, nor are any ruled out. Each relocation review is viewed on its own merits and decisions are reached on a case-by-case basis.

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what action it will take to have the railway station at Glasgow Prestwick International Airport brought under the control, or operation, of either the rail franchise holder or the Strathclyde Passenger Transport Executive through the ScotRail franchise

Nicol Stephen: Scottish Executive officials met with representatives of Glasgow Prestwick International Airport last month, to discuss the proposed transfer of Prestwick International Airport railway station to the main network.

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what assessment it has made of extending the planned Stirling to Kincardine rail line to the port of Rosyth; what the additional technical and cost requirements would be of doing so; what advice, or guidance, has been given to the promoters of the project about any possible extension, and what information is available on these matters in the event of such an extension being constructed at a date later than the completion of the line to Kincardine.

Nicol Stephen: The Stirling to Alloa to Kincardine project is an essential precursor to a rail link to the port of Rosyth and nothing in that project will preclude the development of a link to the port. However, any link to the port would need to be separately justified and promoted as a project in its own right.

Renewable Energy

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive what powers (a) it has and (b) local authorities have in respect of the siting of, and granting of planning permission for, wind farms.

Mrs Mary Mulligan: Wind farm proposals with the capacity to generate over 50 megawatts of electricity are dealt with by the Scottish ministers under the Electricity Act 1989. Applications below this threshold are dealt with by planning authorities under the Town and Country Planning (Scotland) Act 1997. All proposals for offshore wind farms within Scottish territorial waters would be for the Scottish ministers to consider.

Renewable Energy

Campbell Martin (West of Scotland) (SNP): To ask the Scottish Executive what legislation, guidelines or doctrines apply to the proximity of wind farms to communities and what the source is of any such legislation, guidelines or doctrines.

Mrs Mary Mulligan: National Planning Policy Guideline (NPPG) 6: Renewable Energy Developments highlights the importance of wind farm proposals satisfactorily addressing the potential disturbance to residential and local amenity before planning permission is granted. No prescriptive distances are given since likely impacts will vary from proposal to proposal depending on the siting, layout and size of wind farms in relation to local land form and landscape characteristics.

Road Accidents

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many accidents have been reported at the Auchterarder South junction on the A9 in each of the last five years.

Nicol Stephen: The number of injury accidents that have been reported at the Auchterarder South junction on the A9 in each of the last five years is as follows:

  


Year 
  

Fatal 
  

Serious 
  

Slight 
  



1998 
  

0 
  

0 
  

0 
  



1999 
  

0 
  

1 
  

2 
  



2000 
  

0 
  

0 
  

2 
  



2001 
  

0 
  

1 
  

0 
  



2002 
  

0 
  

0 
  

0 
  



Total 
  

0 
  

2 
  

4

Road Accidents

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many accidents have been reported at the Aberuthven junction on the A9 in each of the last five years.

Nicol Stephen: The number of injury accidents that have been reported at the Aberuthven junction on the A9 in each of the last five years is as follows:

  


Year 
  

Fatal 
  

Serious 
  

Slight 
  



1998 
  

0 
  

0 
  

0 
  



1999 
  

0 
  

0 
  

0 
  



2000 
  

0 
  

0 
  

0 
  



2001 
  

0 
  

2 
  

0 
  



2002 
  

0 
  

0 
  

1 
  



Total 
  

0 
  

2 
  

1

School Meals

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive how many pupils would be eligible for free school meals if the criteria for such meals were extended to include the children of parents who are on a new deal scheme or are in receipt of (a) disability living allowance, (b) housing benefit and (c) council tax benefit and what the annual cost of extending such meals to each of these categories would be.

Euan Robson: The Scottish Executive does not hold information on the number of additional children who would gain entitlement if the criteria for a free school meal were extended to include children of parents on a new deal scheme or in receipt of a disability living allowance. However, the Department of Work and Pensions advise that the majority of participants on new deal programmes are in receipt of income-based benefits and will therefore already be entitled to claim free school meals for their children. They also advise that figures for the number of children of adults in receipt of disability living allowance are not available. Extending entitlement to children aged five to 18 whose parents are in receipt of housing benefit and/or council tax benefit would pick-up an additional 40,000 children at an estimated cost of £13 million to £15 million per annum for meals alone.

School Transport

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31988 by Cathy Jamieson on 10 December 2002, on what date the revised guidance to local authorities on school transport safety will be issued.

Peter Peacock: We now plan to issue the revised guidance this summer.

Scottish Executive

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what additional authority or powers it expects to acquire as a result of the recent cabinet reshuffle of Her Majesty's Government.

Mr Jack McConnell: The powers and duties of the Scottish Executive, as set out in the Scotland Act 1998 and associated subordinate legislation, remain unchanged. However, it has been agreed that the Scottish Executive will now take the lead in the promotion of Scotland abroad.

Scottish Natural Heritage

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S2W-571 by Allan Wilson on 18 June 2003, whether it has issued any directions to Scottish Natural Heritage under section 11 of the Natural Heritage (Scotland) Act 1991 and, if so, on what occasions and what the directions were.

Allan Wilson: No such directions have been issued to Scottish Natural Heritage.

Transport

Marilyn Livingstone (Kirkcaldy) (Lab): To ask the Scottish Executive when it last met Fife Council to discuss rail and road infrastructure in the Kirkcaldy travel-to-work area.

Nicol Stephen: The Scottish Executive met Fife Council, along with the Strategic Rail Authority and ScotRail, on 25 March 2003 to discuss the proposed Markinch public transport interchange. Officials also met the council on 14 January to discuss roads issues, in particular the A92 trunk road.